Saturday, May 2, 2026

Cost Structure of the Medicare Program - Who Pays for What

Please look at the actual numbers below for the 2024 Medicare program. They come from the Trustees Report issued last June (2025). Pepole wring their hands about the cost of Medicare but never have a grip on the actual numbers. It is one the great probelms in our society that most people have opinions without supporting data.

The Medicare numbers are big. The actual retirees getting the benefits, however, have paid a big part of the costs when they were workers and continuw to pay a big part of the costs as retirees.

The Income Flow of Medicare for 2024

Medicare Part A benefits (hospital costs) are primarily paid for from

  1. Medicare payroll taxes paid by workers and their employers
  2. income tax that retirees pay for the income from their Social Security benefits
  3. interest from investemnts
  4. premiuims from voluntary participants
Note: Medicare payroll taxes are deducted from workers pay checks except for people like the Treasury Secretary who reclassify large parts of their income as not subject to Medicare tax. In his case that is roughly $300,000 per year that he doesn't have to pay.

Medicare Part B benefits (doctors' costs) are paid for by

  1. premiums (Part B) paid by retirees and disabled beneficaries - 25%
  2. contributions from the federal government - 75%
  3. interest from investemnts

Medicare Part D (drug costs) are paid for by

  1. premiums from Social Security benefits and premiums paid to drug plans by retirees (12.9%)
  2. contributions from the federal government (74.7%)
  3. contributions from the States (12.3%)
  4. interest from investemnts

The three tables below reflect the income statements for the three components (Parts A, B, D) of the Medicare program for calendar 2024 based on the

2025 ANNUAL REPORT OF THE BOARDS OF TRUSTEES
OF THE FEDERAL HOSPITAL INSURANCE AND
FEDERAL SUPPLEMENTARY MEDICAL INSURANCE TRUST FUNDS.
Dated June 18, 2025

Medicare Part A - Income Statement

Opening Asset Balance : $208.797 billion

Revenue

  1. Payroll Taxes : $396.450 billion
  2. Income Taxes on OASDOI benefits : $39.794 billion
  3. Interest on Investemnets : $7.196 billion
  4. Primiums on from voluntary participants : $4.759 billion
  5. Other : $!.6 billion
  6. Fraud and Abuse Control Receipts: $1.1 billion

Total revenues : $451.155 billion

Expenditures

  1. Net Benefits : $416.288 billion
  2. Admin Expenses : $3.3 billion
  3. Fraud and Abuse Control Expenses : $2.8 billion

Total expenditures: $422.456 billion

Net addition to the trust fund : -$28.699 billion

Total assets of the Part B account in the trust fund, end of period : $$237.496 billion

Medicare Part B - Income Statement

Opening Asset Balance : $172.210 billion

Revenue

  1. Part B Premiums from
    1. enrollees aged 65 and over : $125.427 billion
    2. disabled enrollees under age 65 : $14.410 billion
    3. Medicare Advantage participants : $0.308 billion
  2. Government contributions: $385.980 billion
  3. Interest on investments : $3.542 billion
  4. Interfund interest receipts and payments : -$0.004 billion
  5. Annual fees—branded Rx manufacturers and importers : $2.789 billion
  6. ACA Medicare shared savings program receipts : $0.440 billion

Total revenue : $532.891 billion

Expenditures:

  1. Net Part B benefit payments : $547.849 billion
  2. Total administrative expenses : $5.588 billion

Total expenditures : $553.437 billion

Net addition to the trust fund : -$20.546 billion

Total assets of the Part B account in the trust fund, end of period : $$151.664 billion

Medicare Part D - Income Statement

Open Balance of assets of the Part D account in the trust fund, beginning of period : $15.688 billion

Revenue

  1. Premiums from enrollees:
    1. deducted from Social Security benefits : $5.801 billions
    2. paid directly to plans by retirees : 13.475 billions
  2. Government contributions:
    1. Prescription drug benefits : $111.155 billion
    2. Prescription drug administrative expenses : $0.404 billion
  3. Payments from States : $17.995 billion
  4. Interest on investments : $0.265 billion
  5. DOJ/OIG/MA settlements : $0.166 billion

Total revenue : $149.262 billion

Expenditures

  1. Part D benefit payments : $145.680 billion
  2. Part D administrative expenses : $0.488 billion
Total expenditures : $146.168 billion

Net addition to the trust fund : $3.095 billion

Closing balance of the Part D account in the trust fund : $18,782 billion

------------------------------------

Notes from the Trustees Report

1. Financial Operations in Calendar Year 2024 - Part A

On July 30, 1965, the Social Security Act established the Federal Hospital Insurance Trust Fund as a separate account in the U.S. Treasury. All the HI financial operations occur within this fund.

Table III.B1 presents a statement of the revenue and expenditures of the fund in calendar year 2024, and of its assets at the beginning and end of the calendar year. The total assets of the trust fund amounted to $208.8 billion on December 31, 2023. During calendar year 2024, total revenue amounted to $451.2 billion, and total expenditures were $422.5 billion. Total assets thus increased by $28.7 billion during the year to $237.5 billion on December 31, 2024.

a. Revenues

The trust fund’s primary source of income consists of amounts appropriated to it, under permanent authority, on the basis of taxes paid by workers, their employers, and individuals with self-employment earnings, in work covered by HI. Included in HI are workers covered under the OASDI program, those covered under the Railroad Retirement program, and certain Federal, State, and local employees not otherwise covered under the OASDI program.

HI taxes are payable without limit on a covered individual’s total wages and self-employment earnings. For calendar years prior to 1994, taxes were computed on a person’s annual earnings up to a specified maximum annual amount called the maximum tax base. Table III.B2 presents the maximum tax bases for 1966–1993. Legislation enacted in 1993 removed the limit on taxable income beginning in calendar year 1994.

Table III.B2 also shows the HI tax rates applicable in each of calendar years 1966 and later. For 2026 and thereafter, the tax rates shown are the rates scheduled in current law. As indicated in the footnote to the table, in 2013 and later employees and self-employed individuals pay an additional HI tax of 0.9 percent on their earnings above certain thresholds.

Total HI payroll tax income in calendar year 2024 amounted to $396.4 billion—an increase of 8.0 percent over the amount of $367.2 billion for the preceding 12-month period. This increase occurred primarily because both the number of covered workers and average wages were higher.

Up to 85 percent of an individual’s or couple’s OASDI benefits may be subject to Federal income taxation if their income exceeds certain thresholds. The income tax revenue attributable to the first 50 percent of OASDI benefits is allocated to the OASI and DI trust funds. The revenue associated with the amount between 50 and 85 percent of benefits is allocated to the HI trust fund. Income from the taxation of OASDI benefits amounted to $39.8 billion in calendar year 2024.

Another substantial source of trust fund income is interest credited from investments in government securities held by the fund. In calendar year 2024, the fund received $7.2 billion in such interest.

A description of the trust fund’s investment procedures appears later in this section.

Section 1818 of the Social Security Act provides that certain persons not otherwise eligible for HI protection may obtain coverage by enrolling in HI and paying a monthly premium. In 2024, premiums collected from such voluntary participants (or paid on their behalf by Medicaid) amounted to about $4.8 billion.

The Railroad Retirement Act provides for a system of coordination and financial interchange between the Railroad Retirement program and the HI trust fund. This financial interchange requires a transfer that would place the HI trust fund in the same position in which it would have been if the Social Security Act had always covered railroad employment. In accordance with these provisions, a transfer of $645 million in principal and about $14 million in interest from the Railroad Retirement program’s Social Security Equivalent Benefit Account to the HI trust fund balanced the two systems as of September 30, 2023. The trust fund received this transfer, together with interest to the date of transfer totaling about $12 million, in June 2024.

Legislation in 1982 added transitional entitlement for those Federal employees who retire before having had a chance to earn sufficient quarters of Medicare-qualified Federal employment. The general fund of the Treasury provides reimbursement for the costs of this coverage, including administrative expenses. In calendar year 2024, such reimbursement amounted to $44 million for estimated benefit payments for these beneficiaries.

Legislation in 1996 established a health care fraud and abuse control account within the HI trust fund. Monies derived from the fraud and abuse control program are transferred from the general fund of the Treasury to the HI trust fund. During calendar year 2024, the trust fund received about $1,221 million from this program.

b. Expenditures

The HI trust fund pays expenditures for HI benefit payments and administrative expenses. All HI administrative expenses incurred by the Department of Health and Human Services, the Social Security Administration, the Department of the Treasury (including the Internal Revenue Service), and the Department of Justice in administering HI are charged to the trust fund. Such administrative duties include payment of benefits, the collection of taxes, fraud and abuse control activities, and experiments and demonstration projects designed to determine various methods of increasing efficiency and economy in providing health care services, while maintaining the quality of such services, under HI and SMI.

In addition, Congress has authorized expenditures from the trust funds for construction, rental and lease, or purchase contracts of office buildings and related facilities for use in connection with the administration of HI. Although trust fund expenditures include these costs, the statement of trust fund assets presented in this report does not carry the net worth of facilities and other fixed capital assets because the proceeds of sales of such assets revert to the General Services Administration. Since the value of fixed capital assets does not represent funds available for benefit or administrative expenditures, the Trustees do not consider it in assessing the actuarial status of the funds.

Of the $422.5 billion in total HI expenditures, $416.3 billion represented net benefits paid from the trust fund for health services.42 Net benefit payments increased 4.7 percent in calendar year 2024 over the corresponding amount of $397.5 billion paid during the preceding calendar year. These payments reflect the change in the number of beneficiaries, the price of health services, and the volume and intensity of services. Further information on HI benefits by type of service is available in section IV.A.

The remaining $6.2 billion in expenditures was for net HI administrative expenses, after adjustments to the preliminary allocation of administrative costs among the Social Security and Medicare trust funds and the general fund of the Treasury. The expenditure amount of $6.2 billion also included $2.9 billion for the health care fraud and abuse control program.

1. Financial Operations in Calendar Year 2024 - Part B

Table III.C1 presents a statement of the revenue and expenditures of the Part B account of the SMI trust fund in calendar year 2024, and of its assets at the beginning and end of the year.

The total assets of the account amounted to $172.2 billion on December 31, 2023. During calendar year 2024, total revenue amounted to $532.9 billion, and total expenditures were $553.4 billion. Total assets were $151.7 billion as of December 31, 2024. The asset level decreased during 2024 by approximately $20.5 billion.

a. Revenues

The major sources of revenue for the Part B account are (i) contributions of the Federal Government that the law authorizes to be appropriated and transferred from the general fund of the Treasury and (ii) premiums paid by (or on behalf of) eligible persons who voluntarily enroll. Of the total Part B revenue in calendar year 2024, $139.8 billion represented premium payments by (or on behalf of) enrollees—an increase of 6.6 percent over the amount of $131.2 billion for the preceding year.

Government contributions matched the premiums paid for fiscal years 1967 through 1973 dollar for dollar. Beginning July 1973, disabled persons who are under age 65 and who have met certain other conditions became eligible to enroll in Medicare, and the calculation of the premium-matching government contributions was changed. The amount of government contributions corresponding to premiums paid is determined by applying a matching rate to the amount of premiums received.51 By law, a matching rate is determined for each of two groups of Part B enrollees—one for those aged 65 and older and one for the disabled. The matching rate is equal to twice the monthly actuarial rate applicable to the particular group of enrollees, minus the standard monthly premium rate, divided by the standard monthly premium rate.

51For 2016 through 2025, under the intermediate assumptions, the standard premium includes an additional amount ($3.00 through 2024 and $0.90 in 2025) to repay the balance due resulting from general fund transfers in 2016 and 2021 to the Part B account of the SMI trust fund, in accordance with the Bipartisan Budget Act of 2015 and the Continuing Appropriations Act, 2021 and Other Extensions Act. This additional amount is not included in the determination of the matching rates and is not to be matched by government contributions.

b. Expenditures

The account pays expenditures for Part B benefit payments and administrative expenses. All expenses incurred by the Department of Health and Human Services, the Social Security Administration, and the Department of the Treasury in administering Part B are charged to the account. Such administrative duties include payment of benefits, fraud and abuse control activities, and experiments and demonstration projects designed to determine various methods of increasing efficiency and economy in providing health care services while maintaining the quality of these services.

In addition, Congress has authorized expenditures from the trust funds for construction, rental and lease, or purchase contracts of office buildings and related facilities for use in connection with the administration of Part B. The account expenditures include such costs. The net worth of facilities and other fixed capital assets, however, does not appear in the statement of Part B assets presented in this report, since the value of fixed capital assets does not represent funds available for benefit or administrative expenditures and is not, therefore, pertinent in assessing the actuarial status of the funds.

Of total Part B expenditures, $547.8 billion represented net benefits paid from the account for health services.53 Net benefits increased 10.1 percent compared with the corresponding amount of $497.4 billion paid during the preceding calendar year. The change in net benefits paid reflects the net change in both the number of beneficiaries and the price, volume, and intensity of services. Additional information on Part B benefits by type of service is available in section IV.B1.

The remaining $5.6 billion of expenditures was for administrative expenses and represented 1.0 percent of total Part B expenditures in 2024. Administrative expenses are shown on a net basis, after adjustments to the preliminary allocation of such costs among the Social Security and Medicare trust funds and the general fund of the Treasury.

1. Financial Operations in Calendar Year 2024 - Part D

The total assets of the account amounted to approximately $15.7 billion on December 31, 2023. During calendar year 2024, total Part D expenditures were approximately $146.2 billion. Government contributions were provided on an as-needed basis to cover the portion of expenditures that Medicare subsidies support. Total Part D receipts were $149.3 billion. As a result, total assets in the Part D account increased to $18.8 billion as of December 31, 2024. Table III.D1 presents a statement of the revenue and expenditures of the Part D account of the SMI trust fund in calendar year 2024, and of its assets at the beginning and end of the calendar year.

a. Revenues

The major sources of revenue for the Part D account are contributions of the Federal Government authorized to be apportioned and transferred from the general fund of the Treasury, premiums paid by eligible persons who voluntarily enroll, and payments from States.

Of the total Part D revenue in 2024, $5.8 billion represented premium amounts withheld from Social Security benefits or other Federal benefit payments. Total premium payments, including those paid directly to Part D plans, amounted to an estimated $19.3 billion or 12.9 percent of total revenue.

In calendar year 2024, contributions received from the general fund of the Treasury amounted to $111.6 billion, which accounted for 74.7 percent of total revenue. The payments from States were $18.0 billion.

Another source of Part D revenue is interest received on investments held by the Part D account. Because this account holds a very low amount of assets, and only for brief periods of time, the interest on the investments of the account in calendar year 2024 was $0.3 billion. Finally, law enforcement and other settlements were negligible.

b. Expenditures

Part D expenditures include both the costs of prescription drug benefits provided by Part D plans to enrollees and Medicare payments to retiree drug subsidy (RDS) plans on behalf of beneficiaries who obtain their primary drug coverage through such plans. Unlike Parts A and B of Medicare, the Part D account in the SMI trust fund does not directly support all Part D expenditures. In particular, enrollee premiums that are paid directly to Part D plans, and thus do not flow through the Part D account, finance a portion of these expenditures. However, these premium amounts are included in the Part D account operations (both income and expenditures) presented in this report. Total expenditures are characterized as either benefits (representing the gross cost of enrollees’ prescription drug coverage plus RDS amounts) or Federal administrative expenses.

All expenses incurred by the Department of Health and Human Services, the Social Security Administration (SSA), and the Department of the Treasury in administering Part D are charged to the account. These administrative duties include making payments to Part D plans, fraud and abuse control activities, and experiments and demonstration projects designed to improve the quality, efficiency, and economy of health care services.

In addition, Congress has authorized expenditures from the trust funds for construction, rental and lease, or purchase contracts of office buildings and related facilities for use in connection with the administration of Part D. The account expenditures include such costs. However, the statement of Part D assets presented in this report does not carry the net worth of facilities and other fixed capital assets because the value of fixed capital assets does not represent funds available for benefit or administrative expenditures and is not, therefore, pertinent in assessing the actuarial status of the funds.

Of the $146.2 billion in total Part D expenditures in 2024, $145.7 billion represented benefits, as defined above, and the remaining $0.5 billion reflected Federal administrative expenses. The Medicare direct premium subsidy payments and enrollee premiums implicitly cover administrative expenses incurred by Part D plans. The total assets of the Part D account as of December 31, 2024, were higher than in 2023 primarily because of the increased advanced payments to Part D plans required in 2025 as a result of the benefit redesign under the Inflation Reduction Act of 2022.

Friday, April 17, 2026

The Legacy Replacement Project Has Gone Dark - April, 2026

With the quote below from the FY-2025 financial report, you can see that NYCERS is struggling with a major crisis in its massive $84 million IT upgrade project. Since 2021 the project has also incurred secondary costs of about $43 million.

Up until February 2026 the executive director was reporting at the monthly board meeting to the trustees about the status of the LRP project.

Then in March 2026 the problem was dropped from the board meeting agenda with no mention of it at the March meeting. In April 2026 it was again missing from the agenda with no comments at the board meeting.

April is particularly significant since April was the target date for reporting to the trustees "on a comprehensive re-baseline plan to complete the project , with an updated schedule and project details"

The trustees have made no comment on the new omissions. I can only assume that the trustees are covering up this disaster.

You can just imagine how the trustee budget committee handled the LRP project at the March 26, 2025 budget meeting. The Chairperson has such great trust in the executive director as he clearly stated at the March board meeting.

Extract from NYCERS FYY-2025 Financial Report - Page 14

The Legacy Replacement Project (LRP) is NYCERS' multi-year transformation initiative to modernize NYCERS’ core business processes and replace NYCERS' existing legacy pension administration system with a secure, adaptable, and future ready technology platform. This modernization will significantly enhance how NYCERS conducts business and delivers services to members, retirees, employers, and partner City agencies. Initiated in June 2021 as a five-phase program targeted for completion in September 2026, the project continues to advance.

Phase 1 successfully was launched in January 2023, establishing critical foundational capabilities for future phases.

During Phase 2 development, legacy system dependencies were identified that required timeline adjustments.

In response, the systems integrator and NYCERS delivered a subset of functionality referred to as Phase 2.0 in January 2025, allowing progress to continue, while collaborating on a schedule for the remaining functionality continued.

NYCERS and the systems integrator are actively collaborating on a comprehensive re-baseline plan to complete the project , with an updated schedule and project details to be presented to the NYCERS Board of Trustees by April 2026.

Thursday, March 19, 2026

The Legacy Replacement Project (LRP) Fiasco - Trustees - Admin Budget for FY-2027

The NYCERS Trustees will be meeting with NYCERS staff at the end of this March to prepare the agency's FY-2027 admin budget.

Budgeting for the Legacy Replacemet Project Disaster

It is unclear how the trustees will be dealing with the LRP disaster.

Based on a statement in the FY-2024 Annual Financial Statement released in December 2024, NYCERS staff was aware of a big problem with the LRP contract with Accenture in the late spring of 2024.

There was an reduction in the Accenture appropriation for FY-2025 budget from the amount in FY-2024 ($18.7 million down from $23.2 million) but there was no mention of LRP problems in the FY-2025 budget presentation that was sent to me in response to my FOIL request.

But the financial statement is open public record and in December 2024 there is a clear reference to problems during FY-2024 with reference to reworked contract scope available in the spring of 2025.

The spring of 2025 has come and gone with no new contract scope but there is a four and half year delay in the completion date of the LRP project.

The FY-2026 budget appropriation for the Accenture contract dropped to $10.8 million with a claim of completed the "replanning" by June 30, 2025. That date failed.

the FY-2025 annual financial statement issued in December 2025 promised a new "replanning" date of April 2026 with a completion date of December 2030.

Missing Key Data

There was a key piece of information, the schedule of payments to contractors, missing from the finacial statement which I had to FOIL. When I received it, it became clear that NYCERS had paid no money to Accenture during FY-2025.

Note: the official version of the NYCERS FY-2025 financial statement on its website is still missing the schedule.

Yet NYCERS staff had budgeted $10.8 million for work to be paid to Accenture in FY-2026 without mentioning that the $18.7 million for FY-2025 had not been paid.

In conjunction with the main LRP contract. NYCERS has a large quality assurance contract to check the work of the main contractor. In addition the Board of Trustees has a contract for a risk consultant reporting to the Trustees directly for the LRP project. There should be a great deal of documentation on what is happening with the project in spite of the total lack of questions from the trustees about the status of the project.

The tables below display the amounts budgeted and paid for the Accenture LRP contract and other contracts that are part of the LRP project.

Accenture Payments
Fiscal YearBudgeted AmountAmouny Paid
2026$10,776,302open
2025$18,728,407$0
2024$23,191,794$17.9 million
2023$23,057,826$817,492
2022$19,317,745$9.8 million
2021$825,794$926,341
Salesforce Project
2020$6,095,000$3,614,398
2019$9,350,000$7,961,315
Fiscal YearBudgeted AmountAmouny Paid

The Gartner IT consultant

Gartner Payments
Fiscal YearBudgeted AmountAmouny Paid
2026$2,640,000open
2025$1,764,000$3,868,000
2024$2,000,000$2,020,000
2023$1,800,000$2,400,000
2022$2,300,000$2,400,000
2021$1,647,285$2,230,816
Salesforce Project
2020$2,180,000$805,780
2019$2,395,000$1,665,620
2018$850,000$575,000

The LRP Risk Consutant (Linea) reporting to the Board of Trustees

LRP Risk Consultant (BOT)
Fiscal YearBudgeted AmountAmouny Paid
2026$700,000open
2025$700,000$711,672
2024$700,000$602,184
2023$700,000$656,928
2022$700,000$656,928
2021$800,000$624,80
2020$500,000$0
2019$0$0

The LRP Quality Assurance Vendor

LRP Quality Assurance Vendor
Fiscal YearBudgeted AmountAmouny Paid
2026$1,366,420open
2025$1,366,420vendor not identified
2024$1,518,244vendor not identified
2023$1,518,244vendor not identified
2022$2,000,000vendor not identified
2021$112,500vendor not identified
2020$0$0
2019$0$0

The LRP - Penfax Pension Software

LRP - Penfax Pension Software
Fiscal YearBudgeted AmountAmouny Paid
2026$3,991,767open
2025$4,194,802not reported
2024$3,991,767not reported
2023$3,585,697not reported
2022$3,179,628not reported
2021$3,059,093not reported
2020$0$0
2019$0$0

The General Software Maintenance/Servises and the CRM (Salesforce) Sotware Mantenance Items

Software Maintenance - General and Salesforce
Fiscal Year General Software Budgeted AmountSalesforce Softawre Budgeted
2026$3,879,313$6,190,865
2025$1,706,000$,4,490,865
2024$1,032,000$3,150,000
2023$1,000,000$2,400,000
2022$850,000$2,400,000
2021$850,000$2,400,000
2020$850,000$1,914,000
2019$590,000$956,000
2018$590,000$956,000
2017$504,000$0

Saturday, March 14, 2026

Because A Criminal Can Be in the White House – Need to Reform DOJ

The Problem

Congress created the Office of the Attorney General in 1789 and the DOJ in 1870. Both items are not embedded in the Constitution but are creatures of the Congress.

Currently Congress has no control over DOJ. The President has sole control of DOJ. DOJ must be made accountable to both parties of Congress since the President can be corrupt. As per the statutes, the President nominates the Attorney General and all other DOJ political appointments, including appointments in all DOJ component departments (i.e.: FBI, DEA, and others). They are then subject to confirmation by the Senate.

Solution

The law needs to be amended to require a two-thirds Senate approval vote for the confirmation of these positions as opposed to the current +50% level.

In addition, the confirmation must be only valid for 365 days.

The confirmation must be renewed by two thirds of the Senate every year within 60 days of the end of the 365 days.

If the confirmation is not renewed within 365 days, the appointment is immediately terminated as of the 366th day, and the office holder is ineligible for any appointed federal position for the duration of the president’s term.

The person can, however, return to his/her previous non-appointed position.

Temporary Appointments

Because the Senate has problems with confirming appointments, there needs to be a temporary appointment process.

Beginning at the start of the President’s term, all appointed positions at the DOJ (all departments and offices, i.e., FBI, Marshals, DEA, others) are considered empty and awaiting nomination and confirmation.

The two senators who are majority and minority leaders (when 50-50, majority goes to VP’s party) will make temporary appointments to all open positions picking from permanent DOJ employees.

All the positions will be listed by statute in order of authority within DOJ. For equal ranked positions they will be listed randomly by statute. New or eliminated appointed positions at DOJ are automatically either added to the end of the list or removed from the list of appointed positions at DOJ.

The majority leader will make temporary appointments for odd numbered positions, and the minority leader will make a temporary appointment for even numbered positions.

  • Temporary appointments will be valid for 90 days.

  • A person can refuse a temporary appointment.

  • A person can only hold a temporary appointment once during the term of the President.

  • Upon the confirmation of a permanent appointment, the associated temporary appointment is automatically terminated.

  • Upon the end of the 90-day period of any temporary appointment because there was no permanent confirmation, the senator who made the original temporary appointment will make a new temporary appointment.

  • Upon the termination of a temporary appointment the persom automatically returns to his/her previous permanent position.

  • Any one person can only be appointed to one 90-day temporary appointment during the term of the sitting President.

  • Any person who fails to be reconfirmed by the Senate is ineligible for a temporary appointment at the DOJ.

  • A person appointed to a temporary position at DOJ during a President’s term is eligible for permanent DOJ appointments.

Conclusion

The President can terminate a confirmed appointee, but the subsequent nomination will be subject to the two-thirds approval of the Senate and the temporary appointment process.

The purpose of these reforms is to make DOJ subject to both bipartisan Senate control as well as Presidential control. This in turn protects the country from a corrupt President.

Saturday, February 21, 2026

The Trustees Wake Up – NOT!

It’s nice to know that someone is reading my posts.

The NYS Open meetings Law requires that the NYCERS trustees adopt a resolution in public session appointing a person to the position of executive director.
That issue must also be on the public agenda for the meeting.

Discussions about the appointment can be held during an executive (closed door) session but the vote must be taken in open session.

At the February 12, 2026, NYCERS Regular Board meeting, the trustees admitted that they had voted to appoint Liz Reyes as the new executive director
during a closed door session of the December 17, 2025 NYCERS Investment Board meeting.

This item did not appear on the public agenda for either Board meetings.

In the open session of the February meeting, the trustees claimed that they were now giving public notice of the appointment. I guess, no harm, no foul.

The Legacy Replacement Project (LRP) Fiasco/Scandal and the Executive Director

At the same February Board meeting the LRP update was:

  1. Status red
  2. NYCERS and the “systems integrator” were working on the scope alignment and contract amendments
  3. Future updates will be included in the Annual Comprehensive Financial Report (ACFR).

I’m not being terse. This is actually what the project manager said. As always, no questions from the trustees on penalty of excommunication.

For the record, the ACFR is published once a year in December. Talk about “talking points”.

Reyes started the LRP project in 2015 and as of today continues to control the project.

In 2021, NYCERS signed the LRP contract. It was supposed to be a five year $84 million effort.

Since the spring of 2024 the project has been in a black hole.
In the FY- 2025 ACFR there is a promise to present a new plan at the April, 2026 board meeting and
a promise to finish the project by December, 2030.

Don’t hold your breath.

I can see why the trustees may have wanted to make the appointment in a closed door session.

Sunday, January 18, 2026

Did the Trustees Really Appoint a New Executive Director - There is No Public Record?

The previous NYCERS executive director retired last May (2025) and in response the NYCERS trustees appointed the current deputy executive director, Liz Reyes, as acting executive executive director.

Since then, the trustees have been persuing a hiring process.

By statute, the NYCERS Trustees are authorized to appoint the agency's executive director. That requires them to adopt an appointing resolution in public session with a recorded vote so that the public knows who the executive director is.

Based on a copy of the alleged appointing resolution, R-6 dated 12/17/2025, the trustees appointed Reyes as the new executive director with a salary of $293,038 at the Decmember 17, 2025 Investment Board Meeting.

This was the last NYCERS board meeting with the previous mayor's rep and the previous comptroller sitting on the Board of Trustees. I seriously thought that the trustees would wait for the new mayor and comptroller to be sworn in before making the appointment.

Interestingly, the resolution was electronically signed by the Mayor Adam's rep on the Board, Bryan Berge - the Chairpeson, as opposed to the standard signature of the executive director.

Also interesting, is that there was a Regular Board meeting on December 11, 2025 which would have been a more appropriate setting for the appointment resolution.

The Problem

The reason I am writing about this issue is that there is no trace of the resloution being adopted during the investment board meeting.

You can ckeck the closing video of the investment mmeting. You can hear the acting executive director make reference to the five investment resolutions that were adopted during the executive session so that there was a piblic record of the resolutions.

This was done because there is no public record of executive sessions of the NYCERS Board of Trustees and resolutions must have some public notice to be valid.

The meeting was then adjorned with no reference to a sixth resolution. That means there is no public notice of the appointment and Reyes may still be only the acting executive director.

There is, however, a stray comment after the meeting ended - "Did you need to add that item? Yeah. So.". There is no other activity after that comment. We have no idea what that item was.

Of course, the trustees can address this issue at the next Board meeting with the new Mayor's rep and the new Comptroller.

In conjuction with this appointment there is a major cloud hanging over Reyes relating to the legacy (LRP) project. The new Board members may have some questions about that project.

Friday, January 16, 2026

$634.1 Million in Investment Fees for FY-2025 - Growing Risk Level in NYCERS Investments and Runaway Fees.

Runaway Investments fees

In FY-2000 NYCERS paid $37.4 million in investment fees for an asset base of $42.8 billion.

In FY-2023 NYCERS paid $489.9 million in investment fees for an asset base of $82.4 billion.

In FY-2025 NYCERS paid $634.1 million in investment fees for an asset base of $94.3 billion.

The numbers speak for themselves. There is no benefit to these radically increased fees. Clearly, $82.4 million, ($37.4 * 2.2 = $82.4), could cover the $94.3 billion in assets for FY-2025 and produce better results. But the current trustees have no idea what was going on in 2000.

This is a big part of the income inequality in America. This story is not just about NYCERS but every public pension plan in America.

Increasing Investment Risk

In a prior post from January 2020, I outlined a new accounting reporting requirement for government pension plans (GASB 72) mandating that plans report a breakdown of the reliability of the reported value of the plan's investments. The assets are broken down into 3 levels as listed below:

  • Level-1 assets - open market - very liquid
  • Level-2 assets - open market - not as liquid
  • Level- 3 and NAV assets - no open market - not liquid

In addition to these crazy fees noted above, the risky Level-3 assets at NYCERS have grown steadily since 2015. On top of this growth in risky assets, in 2023 there was a law passed in Albany to raise the limit (from 25% to 35%) on the amount of Level 3 and NAV assets in a NYS public pension plan.

In the table below you will see the growth for Level-3 and NAV class assets at NYCERS.

Note: As of FY-2023 NYCERS is relabeling alternative investments as net asset value items rather than Level 3 as a "practical expedient". This is a PR sleight of hand. Nobody wants to be called Level-3. "NAV" is a lot more vague. $19.8 billion (25% of the portfolio) for Level-3 and NAV assets is an obvious red flag for the risk level of the portfolio.

You have to be skeptical about the quoted $22.7 billion for NAV assets and consider a possible 50% reduction for this class.

Ranking of NYCERS Assets via GASB 72
Fiscal Year Level-1 Assets (in thousands) Level-2 Assets Level-3 Assets Assets at Net Asset Value Total
FY-2014 $27,028,432 $17,437,139 $10,642,729 $0 $55,108,300
FY-2015 $27,707,076 $17,175,757 $10,796,968 $0 $55,679,801
FY-2016 $27,330,534 $15,924,399 $10,377,791 $1,123,861 $54,756,585
FY-2017 $32,312,375 $17,461,428 $10,914,801 $95,987 $60,784,591
FY-2018 $31,219,885 $23,282,843 $10,880,803 $66,675 $65,450,206
FY-2019 $34,128,310 $22,782,825 $11,534,369 $6,979 $68,452,483
FY-2020 $33,647,567 $24,941,479 $11,856,921 $3,735 $70,449,703
FY-2021 $42,162,979 $30,981,818 $14,845,548 $1,240 $88,091,585
FY-2022 $32,892,068 $26,386,373 $18,726,172 $1,129 $78,005,742
FY-2023 $35,986,966 $25,235,457 $461,156 $19,845,541 $81,529.120
FY-2024 $35,349,996 $30,145,235 $476,857 $21,630,394 $87,602,482
FY-2025 $39,557,691 $30,719,472 $460,754 $22,669,399 $93,407,315

Investment Expenses for the Assets by Quality for FY-2025

In FY-2025 NYCERS paid the following investment management fees for the different levels:

  1. $60.5M for Level 1 assets (FY-2023 fees = $54.7M).
  2. $32.9M for Level 2 assets (FY-2023 fees = $25.0M)
  3. $464.8M for Level 3 and NAV assets (FY-2023 fees = $375.0M)

One domestic equity manager, Blackrock, handles $14.5 billion in assets with $259,713 in fees. Yes, less than $260,000 dollars for FY-2025.

Again, the numbers speak for themselves. The trustees are being rolled big time - everywhere.